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§ 8.01-510.Sale, collection and disposition of debtor's estate by officer.

Chapter 18. Executions and Other Means of Recovery · Article 6. Interrogatories · Last amended 1977 · Last verified July 16, 2026

In one sentenceDirects how an officer handles property conveyed or delivered in interrogatory proceedings — real estate sold the same way levied property is sold under § 8.01-492, money and goods disposed of as if levied on under a fieri facias, and evidences of debt collected within sixty days or returned to the clerk for enforcement under § 8.01-497.

Full Text of § 8.01-510

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Real estate, conveyed to an officer under this chapter, shall, unless the court otherwise direct, be sold as other property levied on is required to be sold under § 8.01-492 and be conveyed to the purchaser by the officer. An officer to whom there is delivery under this chapter, when the delivery is of money, bank notes, or any goods or chattels, shall dispose of the same as if levied on by him under a fieri facias; and when the delivery is of evidences of debts, other than such bank notes, may receive payment of such debts within sixty days after such delivery. Any evidence of debt or other security, remaining in his hands at the end of such sixty days, shall be returned by him to the clerk's office of such court, and collection thereof may be enforced as prescribed by § 8.01-497. For a failure to make such return, he may be proceeded against as if an express order of the court for such return had been disobeyed.

Plain-English Summary

Section 8.01-509 authorizes the sale; Section 8.01-510 tells the officer how to run it once property lands in hand from an interrogatory proceeding.

Real estate goes through the same sale process as any other levied property under § 8.01-492, unless the court directs otherwise, and the officer conveys it to the buyer. Money, bank notes, goods, and chattels are handled exactly as if the officer had levied on them directly under a fi fa, with no separate procedure needed.

Evidences of debt are the trickier category — things like promissory notes or other paper representing a right to payment. The officer has sixty days after delivery to collect on those. Whatever is still uncollected at the end of that window must go back to the clerk’s office, where collection can then be pursued the way § 8.01-497 provides.

The statute backs this with a real consequence: an officer who fails to make that sixty-day return can be treated as having disobeyed an express court order for the return, opening the door to contempt-style enforcement.

Frequently Asked Questions

How is real estate conveyed under this chapter sold?

As other property levied on is sold, under § 8.01-492, unless the court directs otherwise.

How does the officer handle money, bank notes, goods, or chattels received?

The officer disposes of them as if he had levied on them under a fieri facias.

How long does the officer have to collect on evidences of debt?

Sixty days after delivery.

What happens to evidences of debt not collected within sixty days?

They must be returned to the clerk’s office, where collection may be enforced under § 8.01-497.

What happens if the officer fails to make the required return?

He may be proceeded against as if he had disobeyed an express court order for the return.

Amendment History

Code 1950, § 8-440; 1977, c. 617.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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